FEDERAL JUDGE DECLARES DACA IS ILLEGAL
On September 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule.
However, the court maintained a partial stay of the order for “all DACA recipients who received their initial DACA status prior to July 16, 2021.” As such, current grants of DACA and related Employment Authorization Documents (EADs) remain valid until they expire, unless individually terminated.
The U.S. Citizenship and Immigration Services (USCIS) will continue to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations. USCIS, as per the court order, will continue to accept initial requests, but will not process initial DACA requests.
Currently, valid grants of DACA and related EADs will continue to be recognized as valid under the Final Rule. This means that individuals with DACA and related EADs do not have to submit a request for DACA or employment authorization until the appropriate time to seek renewal.
View the USCIS Alert here
For more information on DACA, visit the USICS DACA Webpage.